Endowment or act which a person must do before he can occupy a public office.
- Endowment refers to the qualities or attri butes which make an individual eligible for public office. It must be possessed at the time of appointment or election and continuously for as long as the official relationship continues.
- Act refers to the act of entering into the performance of the functions of the office.
Failure to perform an act required by law could affect the officer’s title to the given office.
An oath of office is a qualifying requirement for a public office.
Only when the public officer has satisfied this prerequisite can his right to enter into the position be considered plenary and complete. Until then, he has none at all, and for as long as he has not qualified, the holdover officer is the rightful occupant.
[Lecaroz v. Sandiganbayan, G.R. No . 130872 (1999)]
Once proclaimed and duly sworn in office, a public officer is entitled to assume office and to exercise the functions thereof.
The pendency of an election protest is not sufficient basis to enjoin him from assuming office or from discharging his functions. [ Mendoza v. Laxina (2003)]
SCOPE OF QUALIFICATIONS
In general, to entitle a public officer to hold a public office, he must possess all the qualifications and none of the disqualifications prescribed by law for the position not only at the time of his election or appointment but also during his incumbency.
Qualification for Office
The possession of the qualities or circumstances which are inherently or legally necessary to render him eligible to fill an office or to perform a public duty or function. ( Black’s Law Dictionary)
Qualifications are continuing in nature and must exist at the commencement of the term and during the occupancy of the office, if, during the continuance of his incumbency he ceases to be qualified, he forfeits his office. ( Aguila v. Genato, 103 SCRA 380)
The question of eligibility of persons seeking public office must exist to qualify him for the position is a matter of legislative intent.
WHO MAY PRESCRIBE QUALIFICATIONS (1) Constitution
When the qualifications are prescribed by the Constitution, they are generally exclusive, except where the Constitution itself provides otherwise
(2) Congress
In the absence of constitutional inhibition, Congress has the same right to provide disqualifications that it has to provide qualifications for office. (De Leon)
RESTRICTIONS ON THE POWER OF CONGRESS TO PRESCRIBE QUALIFICATIONS
(1) Congress cannot exceed its constitutional powers (2) Congress cannot impose conditions of eligibility
inconsistent with constitutional provisions
(3) The qualifications must be germane to the position (“Reasonable Relation” Rule)
(4) Where the Constitution establishes specific eligibility requirements for a particular constitutional office, the constitutional criteria are exclusive, and Congress cannot add to them except if the Constitution expressly or impliedly gives the power to set qualifications
(5) Congress cannot prescribe qualifications so detailed as to practically amount to making a legislative appointment: it is unconstitutional and therefore void for being a usurpation of executive power
TIME OF POSSESSION OF QUALIFICATIONS (1) If law specifies: At the time specified by the
Constitution or law
(2) If law does not specify, there are two views:
(a) Qualification during commencement of term or induction into office: the word “eligible” as used in constitutions and statutes, has reference to the capacity not of being elected or appointed to office, but of holding office, and that, therefore, if qualified at the time of commencement of the term or induction into office, disqualification of the candidate or appointee at the time of election or appointment is immaterial
(b) Qualification or eligibility during election or appointment: conditions of eligibility must exist at the time of the election must exist at the time of the election or appointment, and that their existence only at the time of the comme ncement of the term of office or induction of the candidate or appointee into office is not sufficient to qualify him to office
Reconciliation of the Two Views
If the provision refers to “holding of office,” rather than to eligibility to office, in defining the qualifications, the courts are inclined to hold that the qualifications are to be determined at the time of the commencement of the term. (De Leon)
This is consistent with the rule on liberal interpretation of eligibility requirements for public office.
Qualifications are of a continuing nature.
Qualification is of a continuing nature and it must exist throughout the holding of the public office. Once the qualifications are lost, the public officer forfeits the office.
No estoppel in ineligibility.
Knowledge of ineligibility of a candidate and failure to question such ineligibility before or during the election is not a bar to questioning such eligibility after such ineligible candidate has won and been proclaimed. Estoppel will not apply in such a case. [Castañeda v. Yap (1952)]
Citizenship requirement should be possessed at start of term.
The Local Government Code does not specify any particular date or time when the candidate must possess the required citizenship, unlike for residence and age. The requirement is to ensure that no alien shall govern our people and country or a unit of territory thereof. An official begins to govern or discharge his functions only upon proclamation and on start of his term. This liberal interpretation gives spirit, life and meaning to our law on qualifications consistent with its purpose. [Frivaldo v. COMELEC (1996)]
Only natural-born Filipinos who owe total and undivided allegiance to the Republic of the Philippines could run for and hold elective public office. Fo r those who avail themselves of RA 9225 and intend to run for public office, Sec. 5(2) thereof provides the additional requirement of making a personal and sworn renunciation of any and all foreign citizenships prior to or at the time of filing of their Certificate of Candidacy. [ Arnado v. COMELEC, G.R. No. 210164 (2015)]
Presumption of Eligibility
Doubts as to the eligibility of a candidate are presumed in favor of one who has been elected or appointed to public office.
The right to public office should be strictly construed against ineligibility. The right of a citizen to hold office is the general rule, ineligibility the exception, and therefore, a citizen may not be deprived of this right without proof of some disqualification specifically declared by law. (De Leon)
QUALIFICATIONS PRESCRIBED BY THE CONSTITUTION
For President and Vice President (Sec. 2-3, Art. VII ) (1) Natural-born citizen
(2) Registered voter (3) Able to read and write (4) 40 years old on day of election
(5) Resident of the Philippines for at least 10 years immediately preceding election day
For Senator (Sec. 3, Art. VI ) (1) Natural-born citizen (2) 35 years old on election day (3) Able to read and write (4) Registered voter
(5) Resident of the Philippines for at least 2 years immediately preceding election day
For Members of the House of Representatives (Sec. 6, Art. VI ) (1) Natural-born citizen
(2) 25 years old on election day (3) Able to read and write
(4) Registered voter in district in which he shall be elected
(5) Resident therefor for not less than one year immediately preceding election day
Residency and registration in the district are not required for partylist representatives.
For Members of the Supreme Court and Lower Collegiate Courts [Sec. 7(1), Art. VIII ]
(1) Natural-born citizen
(2) At least 40 years old
(3) 15 years or more as a judge or engaged in law practice (4) Of proven Competence, Integrity, Probity, and
Independence
For Members of the Constitutional Commissions
CSC COMELEC COA
Citizenship Natural-born citizen
Age
35 years old at the time of appointment Competence
With proven capacity for public
administration
College degree holder
(a) CPA with at least 10 years of auditing experience;
OR
(b) Member of the Bar engaged in practice of law for at least 10 years Composition Rules
None Chairman and
majority should be members of the Bar who have been engaged in the practice of law for at least 10 years
At no time shall all Members of the Commission belong to the same profession
Legal Basis Sec. 1(1), Art. IV
B
Sec. 1(1), Art.
IX-C
Sec. 1(1), Art. IX-D
Practice of Law
Any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience.
Generally, to practice law is to give notice or render any kind of service which requires the use in any de gree of legal knowledge or skill. [Cayetano v. Monsod (1991)]
Residency
In election law, refers to domicile, the place where a party actually or constructively has his permanent home, where he intends to return. To successfully effect a change of domicile, the candidate must prove an actual removal or an actual change of domicile. ( Aquino v. COMELEC )
There is a presumption in favor of domicile of origin. Domicile requires the twin elements of actual habitual residence and animus manendi (intent to permanently remain). Domicile of origin is not easily lost; it is deemed to continue absent a clear and positive proof of a successful change of domicile.
[Romualdez-Marcos v. COMELEC (1995)]
DURATION OF QUALIFICATION
The Constitution or the statute usually fixes the time when the qualifications must be possessed by the appointee or elective candidate for office, either expressly or impliedly.
The reckoning point in determining the qualifications of an appointee is the date of issuance of the appointment and not the date of its approval by the CSC or the date of resolution of the protest against it. (Civil Service Commission v. De la Cruz, 437 SCRA 403)
RELIGIOUS TEST OR QUALIFICATION IS NOT REQUIRED
No religious test shall be required for the exercise of civil or political rights. (Sec. 5, Art. III, 1987 Constitution)
QUALIFICATION STANDARDS AND REQUIREMENTS UNDER THE CIVIL SERVICE LAW
Qualification standards enumerate the minimum requirements for a class of positions in terms of education, training and experience, civil service eligibility, physical fitness, and other qualities required for successful performance. (Sec. 22, Book V, Revised Administrative Code)
The Departments and Agencies are responsible for continuously establishing, administering and maintaining the qualification standards as an incentive to career advancement.
(Sec. 7, Rule IV, Omnibus Rules)
Such establishment, administration, and maintenance shall be assisted and approved by the CSC and shall be in consultation with the Wage and Position Classification Office.
It shall be established for all positions in the 1st and 2nd levels.
(Sec. 1, Rule IV, Omnibus Rules)
POLITICAL QUALIFICATION FOR OFFICE Political Qualifications
It refers to membership in political parties, including those registered in the party-list system.
General Rule: Political qualifications are not required for public office.
Exceptions:
(1) Membership in the electoral tribunals of either the House of Representatives or Senate, which requires proportional representation
(2) Party-list representation
(3) Commission on Appointments, which requires proportional representation
(4) Vacancies in local Sanggunians, except the Sangguniang Barangay, which requires that the appointee come from the same political party as that of the sanggunian member who caused t he vacancy
EFFECT OF PARDON UPON THE DISQUALIFICATION TO HOLD PUBLIC OFFICE
Traditional Rule
General Rule: Pardon will not restore the right to hold public office. ( Art. 36, Revised Penal Code)
Exception: When the pardon’s terms expressly restores such.
( Art. 36, Revised Penal Code)
Pardon does not erase the fact of the commission for the crime and conviction. ( Monsanto v. Factoran, 170 SCRA 190) When a person is given pardon because he did not truly commit the offense, the pardon relieves the party from all punitive consequences of his criminal act, thereby restoring to him his clean name, good reputation and unstained character prior to the finding of guilt. (Garcia v. Commission on Audit, 226 SCRA 356)
Under Risos-Vidal (2015), if the wording of the pardon is
“complete, unambiguous, and unqualified,” it includes the restoration of civil and political rights because it is “unfettered by Articles 36 and 41 of the Revised Penal Code.”
Disqualifications to Hold Public Office
Individuals who lack any of the qualifications prescribed by the Constitution or by law for a public office are ineligible.
Authority to Prescribe Dis qualifications
The legislature has the right to prescribe disqualifications in the same manner that it can prescribe qualifications, provided the prescribed disqualifications do not violate the Constitution.
CONSTITUTIONAL DISQUALIFICATIONS In General
(1) Losing candidates cannot be appointed to any governmental office within 1 year after such election.
(2) Elective officials during their tenure are ineligible for appointment or designation in any capacity to any public office or position unless they forfeit their seat.
(3) Appointive officials shall not hold any other governmental position, unless otherwise allowed by law or his position’s primary functions.
o This is the general Constitutional prohibition on holding multiple offices.
There is a specific provision applicable to high-ranking officials of the executive department as explained in Civil Liberties Union v. Executive Secretary.
o There is no violation of the constitutional provision when another office is held by a public officer in an ex officio capacity (where on cannot receive compensation or other honoraria anyway), as provided by law and as required by the primary functions of his office. [National Amnesty Commission v.
COA (2004)]
(4) Impeachment: “Judgment in cases of impeachment shall not extend further than removal from office and